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ITEM 3.8 Reibling0tSTF O MINNESOTeA g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 23 September 2019 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.8 — Reibling STRATEGIC VISION MEETS: THE CITY OF OTSEGO: subdivision of one lot. Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. Held by Planning Commission 16 September 2019 Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. subdivide 1 single family lot at the southeast corner of the parcel. The proposed subdivision may be Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a Zoning Map amendment and CUP to allow for an administrative subdivision of one lot. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission 16 September 2019 BACKGROUND/J USTI FICATION: Ronald and Ronda Reibling own a 37.5 acre parcel at the southwest corner of 70th Street (CSAH 38) and Odean Avenue. There are currently no homes on the property. The property owner is proposing to subdivide 1 single family lot at the southeast corner of the parcel. The proposed subdivision may be processed administratively but requires prior approval of a Zoning Map amendment rezoning to A-2, Agriculture Long Range Urban Service District and a CUP allowing a lot in the A-2 District with an area less than 20 acres. A public hearing was held the Planning Commission meeting on 16 September 2019 to consider the application. Mr. Ron Touchette was present on behalf of the applicants and had no comments. Mr. Thain Spar spoke at the public hearing to ask about the easement for Odean Avenue, which City staff responded will be addressed with the administrative subdivision. The Planning Commission had no concerns regarding the application and closed the public hearing. A motion was made and seconded to recommend approval of the application subject to the conditions as recommended by City staff, which was approved unanimously. I SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 12 September 2019 ■ Findings of Fact and Decision; Zoning Map amendment ■ Ordinance 2019-20 ■ Findings of Fact and Decision; Conditional Use Permit POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2019-20 amending the Zoning Map and approve a conditional use permit allowing a lot less than 20 acres in area within the A2 District for Ronald and Ronda Reibling. BUDGET INFORMATION FUNDING: BUDGETED: N/A TPC The Planning Company PLANNING REPORT 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Reibling; A-2 District Zoning Map Amendment/CUP REPORT DATE: 12 September 2019 ACTION DEADLINE: 11 October 2019 TPC FILE: 101.02 BACKGROUND Ronald and Ronda Reibling own a 37.5 acre parcel at the southwest corner of 70th Street (CSAH 38) and Odean Avenue. There are currently no homes on the property. The property owner is proposing to subdivide 1 single family lot at the southeast corner of the parcel. The proposed subdivision may be processed administratively but requires prior approval of a Zoning Map amendment rezoning to A-2, Agriculture Long Range Urban Service District and a CUP allowing a lot in the A-2 District with an area less than 20 acres. A public hearing has been noticed for the Planning Commission meeting on 16 September 2019 at 7:0013M. Exhibits: A. Site Location B. Certificate of Survey ANALYSIS Comprehensive Plan. The subject site is zoned A-1 District, which allows development density at one dwelling unit per 40 acres and the minimum lot size for lots established after October 2002 is 20 acres. The applicant is requesting a rezoning of the parcel to A-2 District. The A-2 District allows for development at four dwelling units per forty acres and subdivision of lots less than 20 acres in area by approval of a conditional use permit consistent with the interim land use plan established by the Comprehensive Plan. The subject site would be allowed up to 3 lots subject to applicable minimum lot requirements. In order to maintain contiguous tracts of land for future urban development, the A-2 District requires that subdivided lots conform either to a minimum lot area of 20 acres or that all but one lot not exceed 2.5 acres in area subject to approval of a conditional use permit. The applicant is proposing to subdivide one lot at the southeast corner of the subject site abutting Odean Avenue. Lot Requirements. Lots within the A-2 District must have a minimum area of 20 acres and minimum width of 450 feet. Section 11-52-5.1-1 of the Zoning Ordinance allows for the creation of lots less than 20 acres in area within the A-2 District by conditional use permit based on compliance with the following criteria: 1. All other applicable requirements of Section 11-52-6 of this Chapter are complied with. 2. A concept plan utilizing all development rights allowed by Section 11-52- 6.B of this Chapter is submitted and recorded with the subdivision. 3. Lots are to be clustered and the overall subdivision designed in such a manner so as to provide for logical future street and utility extensions. 4. No lot shall be less than one (1) acre in size or 150 feet in width. 5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall be two and one-half (2.5) acres except if one of the following conditions is met: a. Topography, soils, wetlands, or other natural features dictate a larger minimum lot area. b. The location of existing buildings cannot be fully accommodated in compliance with applicable setback requirements of Section 20- 52-6.0 of this Chapter. C. One (1) development right as allowed by Section 11-52-6.B of this Chapter is used for a dwelling located on the present parcel outside of the residential cluster. 6. A resubdivision plan for future division of each lot with availability of municipal sanitary sewer service is submitted and recorded on the deed for each lot. Principal and accessory buildings shall be located on each lot in conformance with all present and future setback requirements based on the resubdivision plan. 7. A deed restriction is placed on the parcel exercising development rights and all subdivided lots to prohibit additional subdivision unless is conforms to applicable zoning district requirements. 8. Each lot is capable of accommodating a private well and septic system. 9. The provisions of Section 11-4-2. F of this Chapter are considered and satisfactorily met. The applicant is proposing to subdivide 1 lot at the southeast corner of the subject site. The subdivision application may be processed administratively in accordance with Section 4 of the Subdivision Ordinance. In that the proposed lot will be required to conform to the minimum and maximum lot requirements for lots less than 20 acres in area outlined above and located at a property corner to minimize conflict with use of the balance of the property a concept plan for utilization of the 1 other subdividable lot is not necessary at this time. The resulting lots from the administrative subdivision will be required to be deed restricted in accordance with the density limits of the A-2 District. Access. The subject site has frontage to 70th Street (CSAH 38) and Odean Avenue. The Comprehensive Plan designates 70th Street (CSAH 38) as a minor arterial roadway and no new direct accesses are to be allowed. The proposed lot is to be accessed from Odean Avenue, . which is a gravel roadway designated as a local street by the Comprehensive Plan. When the one dwelling unit per 10 acre density allowance for areas outside of the Sewer Service District was established with the 1998 Comprehensive Plan, the Planning Commission and City Council discussed that a gravel roadway would be considered to be an "improved" public street for the purposes of allowing additional subdivision. The street exists by prescriptive easement allowing the City rights to the maintained portion of the roadway. The applicant will be required to dedicate a roadway easement over the existing roadway with the administrative subdivision of the proposed lot. Setbacks. The table below illustrates the required setbacks applicable to the subject site and the proposed lot to be subdivided as outlined in Section 11-52-6.0 of the Zoning Ordinance. There is adequate area within each of the proposed lots resulting from the subdivision to accommodate a single family dwelling. Minimum Setbacks CSAH 38 Odean Side Rear Ave. 65ft, 35 ft. 10 ft. 50 ft. Easements. Section 10-8-12 of the Subdivision Ordinance requires 10 foot wide drainage and utility easements at the perimeter of the proposed lot. The required drainage and utility easements will be required to be shown on the survey to subdivide the lot administratively and are subject to review and approval by the City Engineer. Park and Trail Dedication. The subdivision of the subject site to create an additional lot will require dedication of land or a cash fee in lieu of land for park and trail dedication. City staff recommends that the applicant pay a cash fee in lieu of land for the additional lot created by the administrative subdivision satisfying park and trail dedication requirements due with this application. Utilities. The proposed lots resulting from the subdivision will be served by individual on-site septic and well utilities. The applicant must identify primary and secondary drain field sites and septic tank locations with the application for the administrative subdivision. The suitability of the lots to accommodate on site utilities is subject to review and approval by the City Engineer. Criteria. Consideration of the requested Zoning Map amendment and conditional use permit applications is to be based upon, but not limited to, the criteria outlined in Section 11-3-2.F and Section 11-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The proposed rezoning will allow for a subdivision and construction of 3 rural single family dwellings, which is consistent with the interim land use plan. 2. The proposed use's compatibility with present and future land uses of the area. Comment: Surrounding land uses currently consist of primarily agricultural -rural service area uses and rural single family uses. The surrounding area is also guided for rural land uses until such time as urban services are available. As such, the proposed subdivision will be compatible with the existing and planned land uses surrounding the subject site. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed subdivision will conform to all requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. 4 Comment: The proposed use is not anticipated to generate traffic that will exceed the capacities of Odean Avenue and other streets serving the property. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed subdivision can be accommodated by the City's existing service capacity. RECOMMENDATION City staff recommends approval of the requested Zoning Map amendment and CUP as outlined below. POSSIBLE ACTIONS Decision 1—Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. C. Motion to table. Decision 2 — Conditional Use Permit and Preliminary/Final Plat A. Motion to approve a conditional use permit allowing administrative subdivision of a lot with an area less than 20 acres within the A-2 District, subject to the following conditions: 1. The application for administrative subdivision shall be submitted and processed in accordance with Section 4 of the Subdivision Ordinance. 2. The maximum area of the lot proposed to be subdivided shall be 2.5 net acres with a minimum width of 150 feet and shall comply with all other applicable lot and setback requirements of the A-2 District. The parcels shall be deed restricted to limit further subdivision in accordance with the density limits of the A-2 District. 5 4. The applicant shall dedicate a roadway easement for Odean Avenue with the administrative subdivision, subject to review and approval by the City Engineer. 5. The proposed lot to be subdivided shall provide drainage and utility easements as required by Section 21-7-15 of the Subdivision Ordinance subject to review and approval of the City Engineer. 6. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements applicable to the administrative subdivision application. 7. The ability of the proposed lot to accommodate on-site septic and well utilities shall be subject to review and approval by the City Engineer. B. Motion to deny the application based on a Comment that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance. Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer 0 Site Location Map Overview Legend Roads CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy — US Hwy City/Township Limits ❑C ❑t DParcels M1N0R SUBDIVISION -for- ROCK SOLID COMPANIES v ■ -.of- xxxx Odean Avenue N.E. _ Dn PROPERTY DESCRIPTION Otsego, Minnesota 55330 Tn. xonnmtq..n.rmm. 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I a o A:7pcwo. 38) , ;rrtl(:HT JAR;eHT ^F " L.ar%a a7� ]',';)L R], f STREET NE_ _ _ _ ._. � 26'30"E IPARCEL BI acernoN x ,.,6_ nu. -.er---a:.'r\»z_-auMucbu.._ru�pi,'•? .;Yah •° e JI .19 .�{{ - � •• eM .�� n`11 „e I~•IaMcq Nnnnrxo.w t d� 'I n` pt♦ w pP 11 .M 7 n� A . ap I'RI W dr I / 2:5'�AC g P r pn r DN0. 86 -BP Ill. 1, T.ixi; yd 'e I I I I anb9 mrun Mw�Ml�m :�pandnr auW W. - n°M n�na°:umwrvnMr xv law, of w Sum IN nlnnewu. BENCHMARK BENCHMARKw�1� TN e9 (NnDeJ.l9papalUOTat[NT) ElNpT10N w 950.99 (NAV.D.1998) D,m; pueux [L iD49 Umma Na +15)6 GRAPHIC SCALE m�v 1 INIX n f00F1:6]' k4 O O tSTY c I e F O MINNESOTA V APPLICANT: Ronald and Ronda Reibling 17 Sep 19 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Consideration of a request to amend the Zoning Map rezoning property to be included within the A-2 District. CITY COUNCIL MEETING: 23 September 2019 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The subject site is guided by the Comprehensive Plan for future low density residential uses within the Urban Service Expansion Area. C. The subject site is zoned A-2, Agriculture Long Range Urban Service District. D. The applicant is requesting approval of an administrative subdivision to allow subdivision of a lot with less than 20 acres. Lots less than 20 acres are allowed within the A-2, Agriculture Long Range Urban Service District by approval of a conditional use permit subject to Section 11-52-5.1-1 of the Zoning Ordinance. E. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 11-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The proposed rezoning will allow for a subdivision and construction of 3 rural single family dwellings, which is consistent with the interim land use plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: Surrounding land uses currently consist of primarily agricultural -rural service area uses and rural single family uses. The surrounding area is also guided for rural land uses until such time as urban services are available. As such, the proposed subdivision will be compatible with the existing and planned land uses surrounding the subject site. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed subdivision will conform to all requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed use is not anticipated to generate traffic that will exceed the capacities of Odean Avenue and other streets serving the property. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed subdivision can be accommodated by the City's existing service capacity. F. The Planning Report dated 12 September 2019 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 September 2019 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 4-0 vote that the City Council approve the request based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the conditional use permit is hereby APPROVED, subject to the following conditions: The application for administrative subdivision shall be submitted and processed in accordance with Section 4 of the Subdivision Ordinance. 2. The maximum area of the lot proposed to be subdivided shall be 2.5 net acres with a minimum width of 150 feet and shall comply with all other applicable lot and setback requirements of the A-2 District. 3. The parcels shall be deed restricted to limit further subdivision in accordance with the density limits of the A-2 District. 4. The applicant shall dedicate a roadway easement for Odean Avenue with the administrative subdivision, subject to review and approval by the City Engineer. 5. The proposed lot to be subdivided shall provide drainage and utility easements as required by Section 11-8-12 of the Subdivision Ordinance subject to review and approval of the City Engineer. 6. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements applicable to the administrative subdivision application. 7. The ability of the proposed lot to accommodate on-site septic and well utilities shall be subject to review and approval by the City Engineer. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 23 Id day of September, 2019. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor ORDINANCE NO.: 2019-20 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally by Exhibit A. Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service District designation to A-2, Agriculture Long Range Urban Service District designation. Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the Zoning Map on file at City Hall for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to Law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 23rd day of September, 2019. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk ATTACH LEGAL DESCRIPTION HERE EXHIBIT A O tSCITYOF O MINNESOTeA g APPLICANT: Ronald and Ronda Reibling 17 Sep 19 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Consideration of a request to amend the Zoning Map rezoning property to be included within the A-2 District. CITY COUNCIL MEETING: 23 September 2019 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The subject site is guided by the Comprehensive Plan for future low density residential uses within the Urban Service Expansion Area. C. The subject site is zoned A-1, Agriculture Rural Service District. D. The applicant is requesting a Zoning Map amendment to allow for approval of an administrative subdivision of a lot with less than 20 acres. E. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 11-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the site for interim rural land uses until sanitary sewer and water utilities are available. The proposed rezoning will allow for a subdivision and construction of 3 rural single family dwellings, which is consistent with the interim land use plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: Surrounding land uses currently consist of primarily agricultural -rural service area uses and rural single family uses. The surrounding area is also guided for rural land uses until such time as urban services are available. As such, the proposed subdivision will be compatible with the existing and planned land uses surrounding the subject site. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed subdivision will conform to all requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed use is not anticipated to generate traffic that will exceed the capacities of Odean Avenue and other streets serving the property. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed subdivision can be accommodated by the City's existing service capacity. F. The Planning Report dated 12 September 2019 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 September 2019 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 4-0 vote that the City Council approve the request based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the conditional use permit is hereby APPROVED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 23rd day of September, 2019. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk